Point Reyes oyster farm dealt another setback

Point Reyes' embattled oyster farm was dealt another blow this week when the California Coastal Commission unanimously approved cease and desist, and restoration orders for several violations of the state's Coastal Act.

Since 2007, the state commission has asked Drakes Bay Oyster Co. to address unpermitted development at its site near Inverness.

In particular, the commission cited operation of offshore aquaculture facilities; the processing and sale of its product; construction, installation and alteration of structures; and land alterations.

It also addressed alleged violations of a commission order that sought to restrict additional unpermitted development, boat traffic in the lateral sand bar channel near the mouth of Drakes Estero during a seasonal restriction established for harbor seal pupping sites and discharging of marine debris in the form of abandoned and aquaculture materials.

"(The Drakes Bay Oyster Co.) has failed to fully comply with various resource protection measures included in the 2007 consent order and has failed to submit a complete (coastal development permit) application to the commission; therefore, the entire facility remains unpermitted," according to the commission.

The cease-and-desist order requires Drakes to take several steps to address the issues, but the operation is already facing closure by the federal government. The lease of owner Kevin Lunny ran out at the end of last November and federal officials did not renew it.

The Coastal Commission's vote on Thursday was a hard one for Marin Supervisor Steve Kinsey, who sits on the commission as vice chairman. He rallied support for an extension of the oyster operation's lease, but as a coastal commissioner voted for the sanctions.

"For me, it was very difficult. While the facts prove the case as it relates to the Coastal Act, I continue to mourn the loss of a culturally important part of our county and I feel terribly for the family that was abused by the federal process," Kinsey said.

"I wish the Lunnys the absolute best, but the Coastal Commission did what was within our responsibilities," Kinsey said.

Lunny could not be reached for comment.

Lunny is appealing a decision issued Monday by U.S. District Court Judge Yvonne Gonzalez Rogers that rejected a preliminary injunction to stop the federally-instigated closure, set for March 15. The U.S. Ninth Circuit Court of Appeals will take up the case.